All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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96.

A and B are married. A wants to have children. B deliberately and consistently refuses to fulfill this wish. In light of the Principle set out below, which is the most accurate option ?


Principal :

Cruelty is a ground for divorce under Hindu law. To amount to cruelty, the acts must be of a more serious nature than mere wear and tear of married life.

A: A can be granted divorce on grounds of cruelty.
B: B can be granted divorce on grounds of cruelty as A's request is unusual.
C: A cannot be granted divorce on grounds of cruelty as him request is unusual.
D: B can be granted divorce on grounds of cruelty as A's request is cruel.
E: Since the marriage has been consummated no Divorce is possible under Hindu law.

The answer is: A

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Explanation

The most accurate option in this scenario would be:

A: A can be granted a divorce on grounds of cruelty.

Explanation:

1. In Hindu law, cruelty is a valid ground for divorce.

2. Cruelty, in this context, typically refers to behavior that causes physical or mental suffering to the spouse and makes it impossible to continue living together as husband and wife.

3. A's desire to have children is a reasonable and normal expectation in a marriage. B's deliberate and consistent refusal to fulfill this wish, which is causing emotional distress and frustration to A, can be considered a form of cruelty.

4. The principle mentioned states that the acts constituting cruelty must be of a more serious nature than mere wear and tear of married life. B's deliberate refusal to have children when A wants to is a significant issue that goes beyond the normal adjustments and disagreements that may occur in a marriage.

Therefore, A can potentially be granted a divorce on grounds of cruelty due to B's deliberate and consistent refusal to have children, which is causing emotional suffering to A.